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Fla. Stat. § 559.802

Franchises; exemption

Known as the Florida Commercial Collection Practices Act

The act spans §§ 559.01 to 559.9615 (119 sections).

Applied in 1 court decision — leading case MI-BOX of North Florida, LLC, Plaintiff v. MI-BOX Florida, LLC, Defendant (2024)

Most recently applied in MI-BOX of North Florida, LLC, Plaintiff v. MI-BOX Florida, LLC, Defendant (November 2024)

History.--s. 3, ch. 93-244; s. 39, ch. 2013-251.

(1) The sale of a franchise is exempt from this part if:

(a) The franchise meets the definition of that term as defined by the Federal Trade Commission regulations entitled, “Disclosure Requirements and Prohibitions Concerning Franchising and Business Opportunity Ventures,” as set forth in 16 C.F.R. ss. 436.1 et seq.; and

(b) Before offering for sale or selling a franchise to be located in this state or to a resident of this state, the franchisor files a notice with the department, on a form adopted by the department, stating that the franchisor is in substantial compliance with the requirements of the Federal Trade Commission rule and pays a fee in an amount set by the department not exceeding $100.

(2) The initial exemption granted under this section is for a period of 1 year after the date of filing the notice, and it may be renewed each year for an additional 1-year period upon filing a notice for renewal and paying a renewal fee in an amount set by the department, not exceeding $100.

(3) The department may require only the name of the applicant, the name of the franchise and the name under which the applicant intends to, or does, transact business, if different, the applicant’s principal business address, and the applicant’s federal employer identification number.

(4) The department may adopt rules to implement the provisions of this section.

Official source: Online Sunshine (Florida Legislature). Reproduced from public-domain Florida statutes; confirm against the official source for the current text. Not legal advice.